Effective 5/5/2021 24-2-102. Grounds for seizing property. (1) A peace officer may seize property and contraband upon a search warrant or administrative warrant that is issued in accordance with the Utah Rules of Criminal Procedure. (2) A peace officer may seize property and contraband under this chapter when: (a) the seizure is incident to an […]
Effective 5/5/2021 24-2-102.5. Seizure of contraband. If a peace officer seizes contraband, a person may not assert an ownership interest in the contraband under this title. Enacted by Chapter 230, 2021 General Session
Effective 5/5/2021 24-2-103. Property seized by a peace officer. (1) To disclaim an ownership interest in property at the time of seizure, an individual’s disclaimer of the property shall be knowing and voluntary. (2) If property is seized, the peace officer or the peace officer’s employing agency shall provide a receipt to the person from […]
Effective 5/4/2022 24-2-104. Custody of seized property and contraband. (1) If a peace officer seizes property or contraband under Section 24-2-102, the property and contraband: (a) is not recoverable by replevin; and (b) is considered in the custody of the agency that employed the peace officer. (2) An agency with custody of seized property shall: […]
Effective 5/4/2022 24-2-105. Transfer and sharing procedures. (1) Except as provided in Subsections (3)(a), (b), and (c), upon the seizure of property by a peace officer under this title, the property is subject to the exclusive jurisdiction of a district court of this state. (2) Except as provided in Subsection (3), a peace officer, agency, […]
Effective 5/4/2022 24-2-106. Retention of property. (1) If seized property is admitted into evidence during a court proceeding, the clerk of the court shall: (a) retain the property; or (b) return the property to the custody of the agency. (2) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, the agency shall retain seized […]
Effective 5/4/2022 24-2-107. Release of seized property to a claimant — Release by surety bond or cash – Release for hardship. (1) (a) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, an agency with custody of seized property or the prosecuting attorney may release the property to a claimant if the agency or […]
Effective 5/4/2022 24-2-108. Recovery of seized property by innocent owner or interest holder. (1) (a) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by: (i) submitting a written request with the seizing agency before the […]
